sec.440Restriction if there is an existing mining lease

### sec.440 Restriction if there is an existing mining lease This section applies if land in the area of a petroleum facility licence is also in the area of a mining lease (the existing lease ) that was granted before the licence. The petroleum facility licence holder may carry out an authorised activity for the licence on land within the area of the existing lease only if— both of the following apply— the existing lease holder has agreed in writing to the carrying out of the activity; the petroleum facility licence holder has given a copy of the agreement mentioned in subparagraph (i) to the chief executive; or both of the following apply— carrying out the activity is consistent with an agreed co-existence plan; the petroleum facility licence holder has given a notice to the chief executive stating the following— that the plan is in place; the period for which the plan has effect; other information prescribed by regulation. An agreed co-existence plan must— identify the parties to the plan; and set out an overview of the activities proposed to be carried out in the area mentioned in subsection (1) , including the location of the activities and when they will start; and set out how the activities mentioned in paragraph (b) will comply with mining safety legislation; and state how the activities mentioned in paragraph (b) optimise the development and use of the State’s resources; and state whether any monetary or non-monetary compensation is to be given under the plan; and state the period for which the plan is to have effect; and include any other information prescribed by regulation. The petroleum facility licence holder may give the existing lease holder a notice (the negotiation notice ) that the petroleum facility licence holder wishes to negotiate a co-existence plan with the existing lease holder. The negotiation notice is invalid if it does not comply with the prescribed requirements for the notice. The petroleum facility licence holder and the existing lease holder must negotiate in good faith and use all reasonable endeavours to agree on a co-existence plan. If the petroleum facility licence holder and the existing lease holder can not agree on a co-existence plan within 3 months after the giving of the negotiation notice, the petroleum facility licence holder may apply for arbitration of the dispute. Despite subsection (7) , the petroleum facility licence holder and the existing lease holder may jointly apply for arbitration of the dispute at any time. It is a condition of both the petroleum facility licence and the existing lease that the holder must comply with each agreed co-existence plan that applies to the holder. In this section— agreed co-existence plan means— if an agreed co-existence plan is agreed on under subsection (6) —the agreed co-existence plan; or if an agreed co-existence plan is amended by the holders of the petroleum facility licence and the existing mining lease—the agreed co-existence plan as amended; or if an agreed co-existence plan is arbitrated as an agreed co-existence plan under the Common Provisions Act , chapter 5 , part 3 —the agreed co-existence plan as arbitrated. s 440 amd 2012 No. 20 s 281 sch 2 sub 2020 No. 14 s 195 (sec.440-ssec.1) This section applies if land in the area of a petroleum facility licence is also in the area of a mining lease (the existing lease ) that was granted before the licence. (sec.440-ssec.2) The petroleum facility licence holder may carry out an authorised activity for the licence on land within the area of the existing lease only if— both of the following apply— the existing lease holder has agreed in writing to the carrying out of the activity; the petroleum facility licence holder has given a copy of the agreement mentioned in subparagraph (i) to the chief executive; or both of the following apply— carrying out the activity is consistent with an agreed co-existence plan; the petroleum facility licence holder has given a notice to the chief executive stating the following— that the plan is in place; the period for which the plan has effect; other information prescribed by regulation. (sec.440-ssec.3) An agreed co-existence plan must— identify the parties to the plan; and set out an overview of the activities proposed to be carried out in the area mentioned in subsection (1) , including the location of the activities and when they will start; and set out how the activities mentioned in paragraph (b) will comply with mining safety legislation; and state how the activities mentioned in paragraph (b) optimise the development and use of the State’s resources; and state whether any monetary or non-monetary compensation is to be given under the plan; and state the period for which the plan is to have effect; and include any other information prescribed by regulation. (sec.440-ssec.4) The petroleum facility licence holder may give the existing lease holder a notice (the negotiation notice ) that the petroleum facility licence holder wishes to negotiate a co-existence plan with the existing lease holder. (sec.440-ssec.5) The negotiation notice is invalid if it does not comply with the prescribed requirements for the notice. (sec.440-ssec.6) The petroleum facility licence holder and the existing lease holder must negotiate in good faith and use all reasonable endeavours to agree on a co-existence plan. (sec.440-ssec.7) If the petroleum facility licence holder and the existing lease holder can not agree on a co-existence plan within 3 months after the giving of the negotiation notice, the petroleum facility licence holder may apply for arbitration of the dispute. (sec.440-ssec.8) Despite subsection (7) , the petroleum facility licence holder and the existing lease holder may jointly apply for arbitration of the dispute at any time. (sec.440-ssec.9) It is a condition of both the petroleum facility licence and the existing lease that the holder must comply with each agreed co-existence plan that applies to the holder. (sec.440-ssec.10) In this section— agreed co-existence plan means— if an agreed co-existence plan is agreed on under subsection (6) —the agreed co-existence plan; or if an agreed co-existence plan is amended by the holders of the petroleum facility licence and the existing mining lease—the agreed co-existence plan as amended; or if an agreed co-existence plan is arbitrated as an agreed co-existence plan under the Common Provisions Act , chapter 5 , part 3 —the agreed co-existence plan as arbitrated. - (a) both of the following apply— (i) the existing lease holder has agreed in writing to the carrying out of the activity; (ii) the petroleum facility licence holder has given a copy of the agreement mentioned in subparagraph (i) to the chief executive; or - (i) the existing lease holder has agreed in writing to the carrying out of the activity; - (ii) the petroleum facility licence holder has given a copy of the agreement mentioned in subparagraph (i) to the chief executive; or - (b) both of the following apply— (i) carrying out the activity is consistent with an agreed co-existence plan; (ii) the petroleum facility licence holder has given a notice to the chief executive stating the following— (A) that the plan is in place; (B) the period for which the plan has effect; (C) other information prescribed by regulation. - (i) carrying out the activity is consistent with an agreed co-existence plan; - (ii) the petroleum facility licence holder has given a notice to the chief executive stating the following— (A) that the plan is in place; (B) the period for which the plan has effect; (C) other information prescribed by regulation. - (A) that the plan is in place; - (B) the period for which the plan has effect; - (C) other information prescribed by regulation. - (i) the existing lease holder has agreed in writing to the carrying out of the activity; - (ii) the petroleum facility licence holder has given a copy of the agreement mentioned in subparagraph (i) to the chief executive; or - (i) carrying out the activity is consistent with an agreed co-existence plan; - (ii) the petroleum facility licence holder has given a notice to the chief executive stating the following— (A) that the plan is in place; (B) the period for which the plan has effect; (C) other information prescribed by regulation. - (A) that the plan is in place; - (B) the period for which the plan has effect; - (C) other information prescribed by regulation. - (A) that the plan is in place; - (B) the period for which the plan has effect; - (C) other information prescribed by regulation. - (a) identify the parties to the plan; and - (b) set out an overview of the activities proposed to be carried out in the area mentioned in subsection (1) , including the location of the activities and when they will start; and - (c) set out how the activities mentioned in paragraph (b) will comply with mining safety legislation; and - (d) state how the activities mentioned in paragraph (b) optimise the development and use of the State’s resources; and - (e) state whether any monetary or non-monetary compensation is to be given under the plan; and - (f) state the period for which the plan is to have effect; and - (g) include any other information prescribed by regulation. - (a) if an agreed co-existence plan is agreed on under subsection (6) —the agreed co-existence plan; or - (b) if an agreed co-existence plan is amended by the holders of the petroleum facility licence and the existing mining lease—the agreed co-existence plan as amended; or - (c) if an agreed co-existence plan is arbitrated as an agreed co-existence plan under the Common Provisions Act , chapter 5 , part 3 —the agreed co-existence plan as arbitrated.